Malaysia legislation

Section 3

of *COURTS OF JUDICATURE ACT 1964

Section 3

Interpretation

“action” means a civil proceeding commenced by writ or in such other manner as is prescribed by rules of court, but does not include a criminal proceeding;

“cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding;

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“Chief Judge” means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak, as the case may require;

“Constitution” means the Constitution of Malaysia;

“Court” means the Federal Court, the Court of Appeal or the

High Court, as the case may require;

“decision” means judgment, sentence or order, but does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties;

“High Court” means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them, as the case may require;

“Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court, and includes the Chief Justice, the President and a Chief Judge;

“local jurisdiction” means—

(a)

in the case of the High Court in Malaya, the territory comprised in the States of Malaya, namely, Johore, Kedah,

Kelantan, Malacca, Negeri Sembilan, Pahang, Penang,

Perak, Perlis, Selangor, Terengganu, the *Federal Territory of Kuala Lumpur and the **Federal Territory of Putrajaya;

and

(b)

in the case of the High Court in Sabah and Sarawak, the territory comprised in the States of Sabah, Sarawak and the

***Federal Territory of Labuan, including, in either case, the territorial waters and the air space above those States and the territorial waters;

*NOTE—This Act is also applicable to Federal Territory of Kuala Lumpur–see section 6 of

Constitution (Amendment) (No.2) Act 1973 [Act A206].

**NOTE—This Act is also applicable to Federal Territory of Putrajaya–see section 6 of Constitution

(Amendment) Act 2001 [Act A1095].

***NOTE—This Act is also applicable to Federal Territory of Labuan–see section 6 of Constitution

(Amendment) (No.2) Act 1984 [Act A585].

Courts of Judicature 11

“Malaysia Day” means 16 September 1963;

“matter” includes every proceeding in court not in a cause;

“permanent resident” means a person who has permission granted without limit of time under any federal law to reside in Malaysia, and includes a person treated as such under any written law relating to immigration;

“President” means the President of the Court of Appeal;

“proceeding” means any proceeding whatsoever of a civil or criminal nature and includes an application at any stage of a proceeding;

“Registrar” means the Chief Registrar and any Registrar,

Deputy Registrar, Senior Assistant Registrar or Assistant Registrar appointed under section 10;

“remote communication technology” means a live video link, a live television link or any other electronic means of communication;

“subordinate court” means any inferior court from the decisions of which by reason of any written law there is a right of appeal to the

High Court and means in relation to the High Court any such court as by any written law has jurisdiction within the local jurisdiction of the

High Court.

Provision to prevent conflict of laws

Section 3 — COURTS OF JUDICATURE ACT 1964 | mylaw.my